(a) No person, partnership, corporation, or other entity shall operate or conduct a Sweepstakes Terminal Café without first obtaining a license from the City of Salem. Every person, partnership, corporation, organization or other entity shall make an application in writing to said City which application shall set forth, but not limited to:
(1) The name under which the business is to be conducted.
(2) The address location where the business is conducted, with a description of the premises, including a scaled diagram of the floor plan which shall include the dimensions and square footage for the area utilized for placement of all Sweepstakes Terminal Devices, exit locations and sizes, window locations an sizes, storage spaces, offices and the number and location of off-street parking spaces.
(3) All address listings shall be a physical address in addition to any Post Office Boxes.
(4) The name, address, date of birth and home/business/cell phone numbers of any manager, supervisor, and all other employees.
(5) The name, address, date of birth and home/business/cell phone number of the owner or owners of the entertainment devices.
(6) The name, address, date of birth, principal occupation and home/business/cell phone number of every person with an interest in the business.
If the business is conducted by:
A. A sole proprietorship: the name, home address, business/home/cell phone number, date of birth and principal occupation of that individual.
B. A firm or partnership: the names, home addresses, business/home/cell phone number, dates of birth, and principal occupations of each member of the firm or partnership.
C. A corporation: the names, home addresses, business/home/cell phone numbers, dates of birth and principal occupations of all directors, officers and shareholders owing more than twenty-five percent (25%) of the outstanding shares.
(7) A statement as to whether any owner has ever conducted Sweepstakes Terminal Café and, if so, when, where and for how long.
(8) The name, description, model number and serial number of each Sweepstakes Terminal Device on the premises and any other device on the premises that is necessary to the operation of the Sweepstakes Terminal Device.
(9) A list of each separate prize that may be given out and each separate dollar amount that may be given. The odds of winning any offered prize or dollar amount awarded for the participation in any game, activity, program, scheme or play, use or participation in any other activity or promotion in the sweepstakes/internet café, whether or not the determination of the giving of the thing of value or the delivery of the thing of value occurs totally within the confines of the premises or requires some event, occurrence or happening at another location.
(10) The name, address and business/cell phone number of any and all persons, businesses or organizations that provide games, computer software, equipment, or services or operate devices linked to the Sweepstakes Terminal Device or to devices necessary to operate the entertainment devices, whether any such provisions are sold, leased or licensed.
(11) The tax account number of the business from the City of Salem Income Tax Department.
(12) The application is to include supporting documentation from a Certified Independent Regulatory Compliance Test Laboratory that the software performs in similar fashion as other permitted sweepstakes commercially offered to the public and that the entries are drawn from a pre-created finite static pool of entries with assigned values. To be certified, the Independent Regulatory Compliance Testing Laboratory must be authorized to test regulated gaming equipment by at least one state government gaming regulatory agency.
(13) A copy of the lease to the premises and/or any operating agreement.
(14) Any other information as may be deemed necessary by the City of Salem.
(b) The person, partnership, corporation, or other entity operating or conducting the business shall have a continuing duty to inform the City of Salem as to changes in the information required in this section. No person, partnership, corporation or other entity shall operate or conduct a Sweepstakes Terminal Café at any time unless the information on file with the City of Salem is current and accurately reports the licensing information at the time of operation.
(c) The Police Chief and Fire Chief shall endorse on each application their approval or disapproval with reasons for any disapproval and return the same within twenty (20) days of receiving the application. Within fourteen (14) days of approval or disapproval by said Fire Chief and Police Chief and payment of the license fees, the Zoning Officer shall either approve or deny the license pursuant to this chapter.
(d) If an application is not approved, the City of Salem shall notify the applicant in writing, with reasons for rejection.
(e) The City of Salem shall not issue a license to any person, partnership, corporation or other entity if any of the persons with an interest in the entity of if any of the employees of the business have been convicted of a violation of a federal or state statue or of any local ordinance pertaining to gambling or other crime of moral turpitude within five years (5) preceding the application. All owners, employees and persons having an interest in the business, as set forth in Section 747.09
(a)(5), shall consent to a criminal history check in accordance with Section 747.07
(b).
(f) Each license issued under this chapter shall be permanently and conspicuously displayed on the premises for which it is issued.
(Ord. 111004-60. Passed 10-4-11.)